Man given choice of Facebook apology or jail

A Tuesday, Feb.21 photos shows the Facebook page of Mark Byron, in Cincinatti, Ohio. Byron is involved in a divorce suit with his wife, Elizabeth, that has spilled over into Facebook. Due to a post on his Facebook page about his divorce and custody restrictions in November of 2011, a Hamilton County judge gave Byron the choice of going to jail or apologizing to her on the page for 30 days. He chose the apology, but plans to appeal. / Liz Dufour,AP Photo/The Enquirer

CINCINNATI - A man who was threatened with jail time for posting comments about his estranged wife on his personal Facebook page unless he posted daily apologies for a month says the court ruling violates his freedom of speech.

Mark Byron, who is making the apology to avoid 60 days in jail, said Friday night that he believes it's too late for him to appeal the domestic relations court ruling as planned. But the Cincinnati man and free speech and media experts say it should concern other users of the social networking site.

With hundreds of millions of people using Facebook for communication, Byron said that "if they can do this to me, they can do it to others."

The idea "that anybody could tell you what to say to your friends on Facebook should be scary to people," said Cincinnati attorney Jill Meyer, who specializes in free speech and media issues.

The ruling is highly unusual and "troubling because it's a court telling someone to say something to — in some regards — his chosen group of friends," said Meyer. She noted that the comments were not directed to Byron's wife, Elizabeth Byron, who was blocked from accessing the page.

According to the ruling, Byron posted comments on his page in November, saying in part, "If you are an evil, vindictive woman who wants to ruin your husband's life and take your son's father away from him completely — all you need to do is say you're scared of your husband or domestic partner and they'll take him away."

The Byrons are involved in ongoing divorce and child custody proceedings. Byron has said his wife and the court have prevented him from seeing his 17-month-old son many times. The court maintains he is allowed to see him on a twice-weekly basis.

Domestic Relations Magistrate Paul Meyers last month found Byron in contempt of a protective order because of his Facebook comments. Meyers said that Byron could avoid a 60-day jail sentence and a $500 fine by posting the apology — written by Meyers — to his wife and all of his Facebook friends and paying her attorney fees. The same apology must be posted every day no later than 9 a.m.

The June court order prohibited Byron from causing his wife physical or mental abuse, harassment or annoyance. She asked in December that he be found in contempt after learning of the Facebook comments.

Byron's comments expressed frustration, but they were not threats and he didn't make them to his wife, said Cincinnati attorney Jack Greiner, who also specializes in free speech and media issues.

Greiner said he doesn't think the First Amendment "allows a court to find that someone has harassed or caused a person to suffer mental abuse merely by expressing one's opinion about a court proceeding in a non-threatening way."

Greiner said that a court compelling speech through a court-written apology raises as many free speech concerns as actions prohibiting free speech.

The statement that Byron says he has been posting since Feb. 13 has him apologizing to his wife for "casting her in an unfavorable light" and to his Facebook friends for "attempting to mislead them. Byron said the apology forces him to make false statements.

The magistrate's assistant said Friday that Meyers cannot comment on pending court cases. Elizabeth Byron's attorney didn't immediately return calls.

The ruling says several of Mark Byron's comments were "clearly intended to be mentally abusive, harassing and annoying" to his wife and "generate a negative and venomous response toward her from his Facebook friends."

Responses by Facebook friends to his posting caused Elizabeth Byron to be "afraid and concerned," according to court documents.

Byron and his attorney, Becky Ford, say he made his comments out of frustration and never expected his wife to see them since she couldn't access his account.

"Once he made the comments, some of his Facebook friends started making inflammatory comments which he had no control over," Ford said.

His comments were "nothing other than free speech communication where he was venting truthful information," Ford said.

Bryon must appear in court March 19 and show proof that he posted the apology or face jail.

[erpicferl]

the judge was wrong and this guy is a baby for posting insults on FB. he shouldn't give his ex the time of day.

[FPSoft]

Dear Liz:
I'm very sorry you're such a fat, skanky pig. I know it's not your fault, you big slice of steaming hog. You can't help that you're lower than pond scum, because you are genetically impaired, and I feel very, very sorry for you. Please forgive me if I have caused you any additional hardship by speaking the truth, you fat, gross hooker.
Sincerely,

Mark

[JRC_903]

If this is a full recount of the facts in this case then this will and should move up the appeal process. I think the only option this guy has has is go to jail--thereby cementing the damage...--then--- begin the process of reversing this grossly unconstitutional ruling by a minor court figure in the the grand scheme of things.

[Greycat2475]

This is just another example of how greedy corrupt political systems have altered the freedoms of this country. People who are educated are taking advantage of people who are not educated to get elected and then alter the operation of our legal system to gain favor with the most powerful voting groups. This type of political strategy is chipping away at the very foundation of our liberty and yielding it to a "What I want when I want it" society.

There is no way to stop the corruption of public morals or of our elected officials when we allow the system to be so easily manipulated by people who are so short sighted that they only seek their self gratification. In my opinion this Judge should be removed from the bench. Is it inevitable that the second Roman Empire should fall as the first?

[longtree-2009]

wonder how long the two dated before marrying and having a child? wonder too was there anything else besides the standard, i love her and she loves me that made them marry? how compatiable were the two to begin with in the first place? still mystified as to why so many want to marry these days, hardly any of those marriages last very long and certainly not until death do they part.

[the0racle]

marriage is mainly for women; those that must have a 'relationship'. There is no real purpose for marriage.The main cause of all divorces is marriage.